Bargain House v. . Jefferson
Supreme Court of North Carolina
Appeal by plaintiff from Grammer, J., at April Term, 1920, of Beau-FORT. Judgment was rendered in this case by a justice of tbe peace 3 September, 1919, for $44.79, tbe defendant being present in person and by counsel, tbe justice requiring tbe plaintiff to produce a receipt for tbe goods alleged to be lost before be would sign judgment, wbicb tbe counsel for the plaintiff agreed to do.
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Appeal by plaintiff from Grammer, J., at April Term, 1920, of Beau-FORT. Judgment was rendered in this case by a justice of tbe peace 3 September, 1919, for $44.79, tbe defendant being present in person and by counsel, tbe justice requiring tbe plaintiff to produce a receipt for tbe goods alleged to be lost before be would sign judgment, wbicb tbe counsel for the plaintiff agreed to do. Tbe counsel for tbe defendant entered notice of appeal upon condition that tbe judgment was so entered. On 10 September tbe plaintiff produced said receipt, and tbe justice entered tbe judgment, wbicb was…
1Opinion of the Court
*33Clakk, C. J.
The writ of recordari was improvidently granted, and the motion to dismiss should have been granted. Eev., 1492.
When an appeal from a justice of the peace is lost, without fault on the part of the appellant, he is entitled to the writ of recordari as a substitute for the lost appeal. But here the appellant was guilty of inexcusable neglect, and was not entitled to the writ. The judgment was rendered 3 September, conditional upon the plaintiff’s producing a receipt, which he did a few days later, and the plaintiff entered its appeal. The justice signed judgment 10 September, which…
2Cases cited8 opinions
- Roberts v. . AllmanSupreme Court of North Carolina · 1890
- Wilson v. RailroadSupreme Court of North Carolina · 1906
- Clements v. Southern Railway Co.Supreme Court of North Carolina · 1920
- Davenport v. GrissomSupreme Court of North Carolina · 1893
- State Ex Rel. Deloatch v. RogersSupreme Court of North Carolina · 1882
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